Glossary

A short way of saying “also known as” – Example: Sean Doherty a/k/a Shawn Dougherty

Latin for "from the beginning."

to leave with no intention to return.

The final ending of a marriage. Both parties are legally free to remarry.

This is a trial to determine whether or not you are guilty.

The published decision of a hearing officer after an administrative agency conducts a hearing. For example, a MD Human Relations Commission hearing examiner’s decision.

A person appointed by the court to pay the debts of a deceased person and distribute the remaining property according to law.

Paperback publication of recent judicial opinions not yet printed in bound volumes

A written statement made under oath.

A written statement prepared by a local child support office to record the agreement of parents regarding child support payments.

Another summons when the original is not served on the defendant.

A payment of support provided by one spouse to the other.

ADR is the general term that refers to several methods of settling a legal dispute outside of official court proceedings. Examples are mediation, arbitration, settlement and informal dispute settlement.

This refers to published comment on the law. For example, you will find these comments in the same books that contain the actual statutes (laws). Cases, statutes, and regulations are often annotated. An annotation may provide you with historical data, case excerpts, cross-references or cites to law journal articles.

A court’s decision that a marriage is void; it never legally existed. It is available only under certain limited circumstances.

A legal action where the losing party requests that a higher court review the decision.

Party in a lawsuit who takes an appeal.

Party in a lawsuit against whom an appeal is taken.

Arbitration is like a "private trial" and requires both parties to submit the dispute to one or more neutral people, with the goal of reaching a final and binding decision.

One type of alternative dispute resolution. There are two types - binding and non-binding. During arbitration, the parties present their views and offer evidence to a neutral (or impartial) person or panel. The arbitrator(s) decide what is a fair outcome in the dispute and make a decision. The outcome may be a “win-win” or it may be a “win-lose” solution. Sometimes the parties agree in advance that the decision of the arbitrator is legally “binding”. This means that the parties agree that the decision by the arbitrator(s) will be final. In other words, the parties agree not to appeal the decision to a court. If the decision was “binding”, the courts will usually refuse to allow an appeal to be filed. Non-binding arbitration is also called “informal dispute settlement”.

A transfer to another of all or part of one's property, interests, or rights.

Placing defendant's property in custody of the law before final determination of the lawsuit.

A method of collecting the judgment by which the defendant' s real estate is seized. It may then be ordered sold, with the net proceeds used to pay the plaintiff.

In good faith, genuine, without fraud.

Written argument presented to a court for the purpose of “informing” and “persuading”.

A dispute which has been taken to court; a lawsuit.

Decisions of federal and state courts about how laws should be applied in specific fact situations. Opinions are reported in various volumes.

A point of controversy; basis of a legal action.

A copy is “certified” when the keeper of the records puts a stamp or seal on the copy and “certifies” that it is identical to the original.

A writ issued by a superior to an inferior court, etc. requiring the return of the record and proceedings for review.

The fundamental law of a municipality or other local government; analogous to a constitution.

Maryland has child support guidelines which must be followed in awarding child support. The guidelines include a formula for calculating support based on the number of children in the family, and the combined gross income of the adults. (See our Child Support Calculator ) There is a worksheet which each side must fill out. The court will review the figures on the worksheet and apply the guidelines. There are only a few circumstances when the court can award child support higher or lower than the guidelines. See the Annotated Code of Maryland, Family Law Article, Sections 12-201 through 12-204.

"Child in Need of Assistance." If Child Protective Services receives a report that a child is in need of assistance, then the agency will conduct a report to determine if the child has been abused or neglected.

A reference to a particular authority for a point of law. For example, a citation of case includes the title, volume, and page of the report in which the opinion appears.

Publication used to trace the history and validity of a legal case by tabulation of some kind.

A legal proceeding in which one person (plaintiff) sues another (defendant) who has caused him injury or loss. The plaintiff seeks compensation from the defendant for his loss.

Laws in force in a particular jurisdiction. They are rewritten and arranged in subject order. It should be noted the words “code”, “revision”, and “consolidation” are frequently used interchangeably to mean the same thing.

Contains regulations made by federal administrative agencies such as the Department of Health and Human Services. The regulations governing the operation of the agency. The federal agencies carry out the laws passed by Congress.

An agreement between two or more persons that one of the parties brings false charges against the other. In a divorce case, the husband and wife may agree to use adultery as a ground in order to obtain a divorce more quickly, knowing full well that adultery was not committed. Collusion is illegal.

It is the part of the law that is generally based upon (1) court decisions or (2) long standing practices. This is different from the law created by acts of legislatures such as the Maryland General Assembly or Congress.

A common law marriage comes about when a man and woman who are free to marry agree to live together as husband and wife without the formal ceremony. To be common law married, both spouses must have intended to be husband and wife. Maryland does not recognize common law marriages.

The one who files the suit, same as plaintiff.

Legal paper that starts a case; the written statement by the plaintiff about about the legal claims against the defendant.

Not a majority or dissenting opinion. A concurring decision is written by a judge who agrees with the decision, but not altogether with the legal reasoning.

The act of forgiving one's spouse who has committed an act of wrongdoing that would constitute a ground for divorce. Condonation generally is proven by living and cohabiting with the spouse after learning that the wrongdoing was committed. It often is used as a defense to a divorce.

Written consent of tenant that the landlord may have judgment against tenant automatically, this means that there will not be legal proceedings to determine whether the case has merit.

The fundamental law of a state or a nation. It creates the branches of government and identifies basic rights and obligations.

Failure to follow a court order. One side can request that the court determine that the other side is in contempt and punish him or her.

A request to postpone the case to another date. Usually you need a good reason to request that the case be rescheduled.

A written or oral agreement between two or more parties.

A person who testifies for you and backs up your story. If you are asking the court to grant a divorce, you must bring to the hearing a witness who can corroborate your grounds for divorce.

This is one of the ways that a business can be organized. Maryland law allows for the creation of a legal entity that is separate from its owners. When a corporation is formed, it becomes an “artificial legal person”. This new “person” can be sued or can sue others. Often a corporation shields its owners from personal responsibility (“liability”) for the bad acts of the corporation. If you are considering suing a Joe Lemongelli who sold you a defective car, you first need to find out if it was Joe who sold it to you or the artificial legal person (corporation) called Joe’s Lemon Auto Sales. Maybe you should sue them both. This kind of decision is best made with the help of an expert in the law – an attorney.

Attorney; lawyer.

After the plaintiff files a complaint, the defendant can now make a claim against the plaintiff. In small claims court, it usually says that the plaintiff owes the defendant money.

A legal proceeding in which the state prosecutes a person who is charged with a public offense. The punishment, set by law, is either a fine, which goes to the state, or imprisonment, or both.

When one defendant sues one of the other defendants in the same lawsuit. The cross-claim states that s/he believes the other defendant is responsible for all or part of the money that the plaintiff claims is owed, (by both defendants).

Refers to the legal arrangements about the person with whom a child will live and how decisions about the child will be made. Custody has two parts: legal and physical. Legal custody refers to the decision-making authority. If a parent is awarded sole legal custody, it means that they alone can make major decisions for the child including, for example, medical/dental and educational decisions. Physical custody refers to where the child lives on a regular basis. If they choose to settle the case, parents can make any custodial arrangement that is in the best interest of the children. If the court must decide custody, the judge will have to determine what is in the best interest of the children.

A short way of saying “doing business as” – Example: Attleborough, Levin and Crawdad LLC d/b/a The Virgo Cafe

The estimated money equivalent for a loss or injury.

The result reached by a court in resolving a dispute before it; noted by such terms as “affirmed”, “reversed”, “modified”, etc.

A judgment awarded in favor of the plaintiff when the defendant fails to appear.

The person the case is brought against.

An important tool used in pretrial discovery where a person gives his or her deposition when he or she, accompanied by an attorney, answers questions put by the other side's attorney regarding the facts of the case. Depositions are under oath and generally take place in an attorney's office. A court reporter is present and everything that is said is recorded.

De bene esse is Latin for "of well being." It means that deposition is done for the time being, or conditionally. Depositions de bene esse are taken when evidence may be needed in a future case, but the person may not be available in the future. For example, a de bene esse deposition might be taken from a person who witnessed a key event but is very ill and may not be able to be examined at trial.

This is a type of legal lawsuit. It is common in disputes between sellers and buyers of movable goods. In a detinue action, one side asks the court to order the return of the goods from the other side or that the other side pay appropriate compensation. A similar type of case for return of property is called “replevin”.

An index to case law arranged by subjects, and case name including brief paragraphs giving the holding of the courts.

This is the process where each side is allowed to investigate the other side’s case before the trial or hearing. The goal is to gather information that might be used at the hearing. It also will help you to decide if you should negotiate first to try to reach a settlement. You are allowed to question the other side, see materials that they plan to offer and sometimes talk to their witnesses. There are special court rules that must be followed. The rules are different for small claims cases in District Court as compared to the rules for large claims in District Court or for cases in MD Circuit Court.Discovery methods include interrogatories (written questions which one side gives the other side to complete), document requests and depositions (question and answer sessions conducted in person and recorded).

To treat differently, to make a distinction in favor of or against a person or thing.

This is a sentencing proceeding or the hearing where your punishment is decided.

An explicit disagreement of one or more judges of a court with the decision of the majority of the judges.

The legal end of a marriage.

Seizure of personal property.

The procedure of taking possession of the personal property of another to pay a debt which he owes.

The calendar of hearings that will be held in the court. It will list the cases scheduled for a particular day or week or month. Court calendars often change at the last minute. It is a good idea to arrive early and to sit in the courtroom where your case will be heard. If your case moves up on the list, you will be there. A docket is also called a “court calendar” or “trial list”.

Number designation assigned to each case filed in a particular court.

An item being held by a third person (a neutral person) who holds it until the fulfillment of some condition.

To eject a tenant by a judicial proceeding.

Testimony of witnesses and documents which are presented to the court and considered by the court in making a decision.

Provision or clause which excuses someone from responsibility

A person named in a will to dispose of the estate according to the directions in the will.

A person who is qualified by special knowledge or experience to give an opinion on the matter in dispute.

The amount for which an item can be sold on the open market by a willing seller to a willing buyer.

Publication containing new, adopted and proposed federal regulations.

Officially giving the Clerk of Court your legal papers and having them recorded.

A court action, when the mortgagor fails to make payments of the mortgage. A foreclosure terminates the mortgagor's rights to the property. The property then belongs to the mortgagee (usually the bank or Finance company).

A legal proceeding that takes money or property from a person to satisfy a debt.

A procedure whereby the Court has the defendant's bank account seized and the money paid to the plaintiff to satisfy the judgment

A procedure whereby a portion of the defendant's wages are deducted regularly and paid to the plaintiff to satisfy a judgment.

The legal basis for a divorce. The law sets out specific circumstances under which a divorce will be granted. Before the court will grant a divorce, the person seeking the divorce must prove that those conditions exist.

Brief paragraph which summarizes the points of law discussed in a decision.

Retaining possession as a tenant after the end of the term.

"In the matter of" This is often used in the caption (top of page) of legal papers filed in court. It summarizes what or who the legal case is about.

Also sometimes called non-binding arbitration. It is one type of alternative dispute resolution. It is an informal process in which two parties present their views of a dispute to a neutral third party, called a "Hearing Officer," who will make a non-binding decision on how to resolve the dispute. This means that the parties may still file a lawsuit on this case with a court.

A court order directing the defendant to do or not to do a particular thing. Failure to obey an injunction constitutes contempt of court, which is punishable by fine or imprisonment.

Written questions designed to discover key facts about an opposing party's case, that a party to a lawsuit asks an opposing party.

The living apart of a married couple for 24 months without agreeing to separate or divorce.

A court's decision.

Act by which a court will recognize the existence of a certain fact without the production of substantiating evidence.

The authority of the court to hear a case.

An agreement in which the buyer agrees to buy a dwelling that he will occupy or a lot which will be used for residential purposes, the purchase price will be paid in five or more installments in addition to the down payment, and the seller retains title to the property as security for the buyer's obligation.

Facilitation is often used when there are many interested parties or stakeholders and it differs from mediation. Mediation tends to focus on a single-issue dispute between a small number of people (2-4 or so). The large group dispute resolution facilitator helps a large number of people work out a dispute. In this Directory, we define a "large" group as 6 or more people. The facilitator is part of a joint effect to design and oversee the process of resolving a dispute. The facilitator will help to set up the ground rules for how the dispute will be resolved. The goals of the facilitator are to help the parties to better exchange information; work with the parties to develop a proposed agreement; and help the parties to evaluate the agreement that might lead to a resolution of the problem, or help a group reach a goal or complete a task to the mutual satisfaction of participants.

A legal journal published and edited by law school students; legal scholars and students contribute articles.

A Bar Association service that provides the name of an attorney who will consult with a party briefly for a reasonable fee.

An oral or written agreement, express or implied, which creates a landlord-tenant relationship.

A lease that contains a clause that gives the tenant some power, either qualified or unqualified, to buy the landlord's interest in the property. A lease option agreement made after July 1, 1971 relating to the purchase of a dwelling, with or without ground rent, must, to be valid, include the following statement in capital letters: THIS IS NOT A CONTRACT TO BUY. In addition, the agreement must contain a clear statement of its purpose and effect concerning the ultimate purchase of the subject property. See Maryland Code, Real Property, Section 8-202.

A tenant; one who enjoys the property by virtue of a lease.

A landlord; one who grants the lease.

A charge or claim on property belonging to another, for the satisfaction of a debt or duty.

Establishes certain legal responsibilities while the parties are separated but does not end the marriage. See Annotated Code of Maryland, Family Law Article, Section 7-102.

This is one of the ways that a business can be organized. This is a business owned by two or more partners. However in this type of arrangement, each partner is liable (responsible) only for the negligent (careless) acts that s/he personally commits. S/he is also liable for the negligent (careless) acts of the employees who s/he directly supervises. This means that if a limited liability partnership owns the business that you need to sue, you will need to name the partnership. There will be at least one managing partner who can be held directly responsible.

A specific sum of money which has been agreed upon by the parties to a lease (or other contract) as the amount of damages to be paid by a party who has breached the agreement.

Includes ALL property acquired during the marriage, even if not titled in both names, with some exceptions. See Annotated Code of Maryland, Family Law Article, Section 8-201(e) for definition and Sections 8-203 through 8-205 for how the court treats marital property.

Hears cases like a judge. A master's decision is reviewed by a judge before becoming final.

A breach (violation, failure to perform) which is important, substantial, not trivial.

One type of alternative dispute resolution. A neutral person called a “mediator” is a trained professional who helps the disputing parties to find a solution to which all parties can agree. The Mediator's role is to advise the parties and offer suggestions on how to resolve the differences. Both parties involved play an active role and ultimately decide the final outcome of the dispute with the assistance of the Mediator. All parties have to be willing to cooperate in order to find this “win-win” solution to the conflict.

Brief holding of the whole court with the opinion limited or omitted.

A pledge of specific property as security for the payment of a debt. The mortgagor is the person who pledges the property. The mortgagee accepts the pledge.

A request to the court.

A written notice given by landlord to tenant, indicating that tenant must move from the premises at a time designated.

Collections of decisions published by or on behalf of the deciding jurisdiction.

The official written statement of a case, the court’s decision and its reasons for reaching the decision it did.

The right to make a choice; a purchased privilege which gives the holder the power to make the agreement.

The local legislation of a city, town, village, or county written by the local legislative body.

The plaintiff(s) and the defendant(s).

This is one of the ways that a business can be organized. It is often an easier way to organize a business. A general partnership involves two or more people who are personally liable (responsible) for all business debts. This means that if a partnership owns the business, you will need to name the partners themselves in the lawsuit.

Temporary arrangements for custody, child support, child visitation, alimony, use and possession of the family home, etc., until a final hearing.

Opinion of the whole court as distinguished from an opinion written by a specific judge.

Movable property or possessions, as distinguished from real property.

Usually, the executor or administrator of a deceased person.

A legal paper that starts a case.

The person who started the case.

Formal written statements by the parties to a lawsuit indicating their respective claims and defenses which are filed wit the court.

A document authorizing another person to act as one's agent.

An example of authority for a later case which is similar or identical.

Presumed to be true unless disproved by contrary evidence.

Any person over 18, not directly involved in the case, who will deliver the Summons and a copy of the plaintiffs Complaint, and later return to the Court an affidavit that he or she has completed service.

Pronounced “Pro Say.” representing yourself in court without an attorney.

Non-criminal order obtained by abused spouse against abusive spouse.

Covenant of quiet enjoyment - assures that the tenant may peaceably enter on the leased premises at the beginning of the lease term and that the landlord will not interfere with tenant's enjoyment of the premises.

Land or buildings.

Married people getting back together.

On appeal, the record consists of a transcript of all or a portion of the proceedings in lower courts, including testimony, pleadings, opinions, etc.

To send back; return of a case by an appellate court to the trial court for further proceedings.

An attempt to try again to serve the defendant with the Summons and Complaint

This is a type of legal lawsuit. It is common in disputes between sellers and buyers of movable goods. In a replevin action, one side asks the court to order the return of the goods from the other side. A similar type of case for return of property is called “detinue”.

Printed statement of an opinion of the court which is in writing and is published.

"The thing has been decided". It usually refers to the the legal doctrine that says once a court decision (or other determination) is final, the same parties cannot go to court again about the same issue.

To annul, cancel, terminate a contract, including a lease, and to restore the parties to the position they would occupy if no contract had been made.

A person that a sheriff can walk up to and hand a summons to in order to get jurisdiction over the entity for court. It may or may not be one of the owners or officers. In some cases this can be a Maryland corporation. In all cases the address must be a physical address (no P.O. boxes). “

In juvenile court this is the person charged with a crime. In adult court this person is called the "defendant"

The living apart of a married couple.

An oral or written agreement to live apart, entered into by a married couple.

Providing a copy of the papers being filed to the other side.

Resolving the dispute, without a judge's ruling, a mutually acceptable out-of-court agreement between the defendant and the plaintiff.

A settlement conference is part of a court case where the parties and a judge (or neutral third person) meet and try to resolve the case without going through a trial. A settlement conference facilitator is a person who is neutral, that is, a person who does not have a stake in the dispute. A neutral party does not take the side of any of the people who have the dispute. The settlement conference facilitator helps you and the other parties evaluate the strengths and weaknesses of their case. The facilitator will sometimes give his or her own views about the merits of the case and what s/he believes would be a reasonable resolution of the conflict. A settlement conference facilitator is often an attorney or a judge.

Husband or wife

Someone who settles on the property of another, without legal authority to do so and without the consent of the person who has the right of possession of the property.

A party's ability to bring a lawsuit in court because that party has a stake in the outcome of the case. In order to demonstrate standing to sue, a party must show that 1) it has suffered or will suffer injury if it does not bring suit, 2) the injury is a result of the defendant's conduct, and 3) a finding in the party's favor is likely to remedy the injury.

The doctrine that decisions should stand as precedents for guidance in future cases.

Law that requires that all claims must be filed within a certain period of time [usually three (3) years from the time the claim arose]. Contact an attorney to find out whether the Statute of Limitations has "run" on your case. If it has, this would mean that the case will be dismissed without a hearing. A defendant may raise the statute of limitations with the judge at trial to try to have the case dismissed.

Legislative enactment.

An agreement made between opposing parties prior to a pending hearing or trial. For example, both parties might stipulate to certain facts, and therefore not have to argue those facts in court. After the stipulation is entered into, it is presented to the judge.

A lease of the premises granted by one who himself is a tenant of the premises.

A form issued by the court requiring someone to appear in court and testify.

A court order requiring the person to appear in court and to bring specified documents or other items.

A court proceeding, in which one person goes to court to regain possession of real estate that is held by another. For example, a landlord may request summary ejectment to oust a tenant when there has been a violation of the lease that allows eviction or tenant has failed to pay rent or the lease has expired and the tenant refuses to leave.

An official court notice telling the defendant that s/he is being sued and must appear in court.

A claim filed by a defendant who feels that some third party (not yet involved in the case) is responsible and owes him or her money that should be used to satisfy any judgment the plaintiff may win from the defendant.

Injury caused by negligence or wrongful act of another person, which cannot be classified as a breach of contract.

The official record of a legislative, administrative, or court proceeding. It is mainly comprised of the word-for-word testimony of witnesses and arguments by advocates and presiding officers.

A wrongful entry, whether with force or peacefully, onto the property of another.

When the defendant is not going to try to stop the divorce and there are no issues for the court to decide about children, money, or property.

A court report published by a private publisher in addition to the official version done on behalf of deciding jurisdiction.

A debt that is not tied to any item of property. A creditor doesn't have the right to grab property to satisfy the debt if you default. The creditor's only remedy is to sue you and get a judgment.

The right of the parent who has custody of a minor child of the marriage to remain in the family home for up to three years from the date of divorce, under certain circumstances.

Where the courts in Maryland have jurisdiction, venue refers to the correct court location for a case to be heard. Usually it is the judicial district and location where the defendant lives or does business or is employed or where a corporation has its main office. See Courts & Judicial Proceedings §6-201 for general venue information and §6-203 for case-specific information.

The right of a separated or divorced parent to visit a child.

The living apart for 12 months of a married couple who agrees to separate.

An order of the court requiring that a specific person be restored to his original position.

One who is called to court to testify in order to tell what he or she knows about the case.

An order of the court directed to the sheriff, requiring him to enter the property and give possession of it to the person entitled to it by judgment of the court.

A form issued by the court directing a party to respond to a complaint, motion, or petition.